TNAG-1145-FCO40-1425-Relations-between-Hong-Kong-and-Macau-1982 — Page 33

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

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Article 17 The Governor and the Deputy-Secretaries cannot accumulate other public functions or private activities with their posts.

Article 18 - 1. Those acts carried out by the Governor or the

Deputy-Secretaries which do not create rights, can be revoked, amended or suspended by them at any time.

2. Acts creating rights can also be revoked, amended or suspended by them, but only on the grounds of being illegal and within the period established in the law for the lodging of appeals with the courts.

3. The principle established in the previous paragraph applies to the ratification, amendment or conversion of all illegal acts carried out by the Governor or the Deputy-Secretaries.

4.1 The Governor's and the Deputy-Secretaries' administrative acts may be subject to legal proceedings by the parties concerned, on the grounds of incompetence, abuse of power, formal defect or violation of the law, regulations or administrative contract.

5.

Appeals lodged against definitive and executory acts of the

Governor and Deputy-Secretaries will be tried by the Supreme Administrative Court, and those to be lodged within forty five days from the date of publication of the official notice or formal notification, of the beginning of the execution, or expiry of the period in which the act subject to the appeal should have been carried out.

Article 19 1. The Governor is politically responsible to the President of the Republic.

2.

The Governor and Deputy-Secretaries will be held civilly and criminally liable for their acts before the courts.

3.

Civil and criminal actions brought against the Governor or Deputy-Secretaries while they are in their posts, can only be brought against them in the Lisbon court district, except if a court other than that of Macao has the power to try the case.

Article 20 - 1. The Higher Council for Security will be attached to the Governor, and it will be in charge of establishing and coordinating the guide-lines of security regarding the territory of Macao. 2. The Higher Council of Security, which will be presided over by the Governor, will be comprised of the Deputy-Secretaries, Commander, 2nd Commander and Chief of Staff of the Security Forces, and by three deputies to be elected by the Legislative Assembly from among its members.

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